Summary
In People v Rodriguez (294 AD2d 110 [1st Dept 2002]), a police officer observed the defendant, after receiving money from a buyer, point to another person standing nearby, who immediately handed the buyer several glassine envelopes.
Summary of this case from People v. HatchettOpinion
948
May 2, 2002.
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered November 15, 2000, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.
CHRISTOPHER WILSON, for respondent.
KENNETH IVES, for defendant-appellant.
Before: Saxe, J.P., Buckley, Rosenberger, Friedman, Marlow, JJ.
Defendant's suppression motion was properly denied. When an officer witnessed defendant receive money from a buyer and point to another person, who immediately gave the buyer several glassine envelopes, while receiving nothing in return, the inference of accessorial liability was inescapable (see, People v. Bello, 92 N.Y.2d 523). Certainly, these observations, together with the fact that the buyer moments later — but before defendant was arrested — was found with glassine envelopes, provided probable cause for defendant's arrest.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.